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COMMISSION ACTIONS NOVEMBER 2003

NOVEMBER 2003 COMMISSION ACTIONS

The following are the agenda items from the Commission's regular November meeting held November 18, 2003 at Commission headquarters. The Commission's action is in bold.

1. MINUTES of previous meeting. The Commission voted, 5-0, to approve the minutes as presented.

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). Items # 2C and 2D were removed and item #2E was added. The three projects were approved, 5-0, by the Commission.

3. CLOSED SESSION. No session was needed.

4. DANIEL R. NEWTON, #03-1389. Commission will consider review the July 24, 2003, decision of the Accomack County Wetlands Board to approve the filling of 6,000 square feet of vegetated wetlands along Chesconessex Creek in the Schooner Bay area of Accomack County. Continued from the October 28, 2003 Commission Meeting. The Commission voted, 5-0, to defer the item indefinitely.

5. JACK KISE, #03-1859. Commission will consider review the October 1, 2003, decision of the Portsmouth Wetlands Board to approve work of unknown dimensions in wetlands on property situated along the Western Branch of the Elizabeth River in Portsmouth. The Commission voted, 5-0, to defer the item.

6. JAMES W. WYNE, ET AL, #03-1113, requests authorization to dredge 748 cubic yards of subaqueous material to create a 600-foot long by 33-foot wide channel with maximum depths of minus six (-6) feet at mean low water into Ewell's Prong of White House Creek in Lancaster County. The sandy material will be removed by clamshell and transported to a previously approved upland site off Route 354 in Bertrand. Two nearby residents protest the project. The Commission voted, 5-0, to defer the item until its December 22nd meeting.

7. ARMY CORPS OF ENGINEERS, #03-0623, requests authorization to hydraulically place approximately 25,000 cubic yards of sandy dredge material generated from the Queens Creek Federal Project Channel along the western and southern shorelines of Hills Bay, adjacent to Queens Creek in Mathews County. The project is protested by an adjoining property owner. The Commission voted, 5-0, to approve the permit with staff recommendations.

8. ARMY CORPS OF ENGINEERS, #02-0552, requests a modification of their previously issued permit to allow disposal of dredged materials at the Wolf Trap Overboard Placement Area located in the Chesapeake Bay in Mathews County through December 31st. The Commission voted, 5-0, to approve the modification with the provision that the dredge material cannot be placed overboard after the water temperature at the disposal site gets below 50 degrees on the bottom. 

9. MID-ATLANTIC HOLDINGS, #03-1107, requests authorization to construct a 372-foot long by 8-foot wide open-pile pier with twelve (12) 10-foot long by 3-foot wide finger piers, 56 associated mooring piles and a 16-foot by 20-foot deck area to create a 24-slip community facility situated along Queen's Creek in York County. Recommend a royalty of $3,656.00 for encroachment over of 3,656 square feet of State-owned submerged lands at a rate of $1.00 per square foot. The Commission voted, 5-0, to defer the case until its December 22nd meeting.

10. JOAN T. KARTER, #03-1105, requests after-the-fact authorization to retain a 16-foot by 16-foot two-story dock house on a 22-foot by 22-foot open-pile platform situated adjacent to her property along Chincoteague Channel in the Town of Chincoteague, Accomack County. The Commission voted, 5-0, to approve the after-the-fact permit with a $600 civil penalty in lieu of other enforcement action.

11. PUBLIC COMMENTS: Russell Gaskins, Virginia Watermen's Association, asked the Commission to hold a public hearing that would allow oyster work in the James during February and March, instead of the January and February which was approved last month. The Commission voted, 5-0, to put the request to a public hearing at the December 22nd meeting.

Waterman Harry Doernte asked the Commission to reconsider a put to public hearing black sea bass measures that were not included in last month's regulation. After a discussion, the Commission voted, 5-0, not to reconsider the black sea bass issue.


12. Striped Bass: request for public hearing to consider proposals for the 2004 season. The Commission voted, 5-0, to take the measure to public hearing along with the proposal to use poundage limit as a measure for striped bass for commercial watermen instead of a tag system.

13. Recommendations of the Recreational Fishing Advisory Board: The Commission voted, 4-1, to approve the recommendations of the RFAB including a proposal by Old Dominion University to examine "How Seagrass Beds Support Healthy Fish Growth," which had not been recommended by the board because of the cost of scientific apparatus. The ODU item was approved less $10,000 for the apparatus.

Page Two Items

2A. COLONNA YACHTS, #98-2040, requests reactivation and extension of a previously authorized project to replace and backfill a 430-foot long section of a timber bulkhead with steel sheet-pile bulkheading, 205 feet of which may extend a maximum of two(2) feet channelward of the existing bulkhead and 225 feet of which may extend a maximum of three (3) feet channelward of the existing bulkhead, adjacent to the facility situated along the Eastern Branch of the Elizabeth River in Norfolk. APPROVED

2B. VIRGINIA DEPARTMENT OF TRANSPORTATION, #03-1612, requests authorization to construct four-lane bridges over Thorofare Creek, the Pamunkey River, West Point Creek and the Mattaponi River adjacent to the existing Route 33 Bridges, to have 55 foot vertical clearance above the rivers; construct a temporary construction trestle; install two (2) mooring buoys in the Pamunkey River and one (1) mooring in the Mattaponi River in the Counties of New Kent, King William, King and Queen and the Town of West Point.  APPROVED

2C. VIRGINIA DEPARTMENT OF TRANSPORTATION, #00-0899, requests a three- year extension of their permit to construct the Route 164/Route 58 Pinner's Point Interchange project in the Western Branch of the Elizabeth River in Portsmouth. The access dredging is complete and the extension will allow the remainder of the 2,500-foot long by 120-foot wide extension of the West Norfolk Bridge to be completed. Recommend approval with a new expiration date of February 27, 2007 and with all terms and conditions of the original permit to remain in effect. WITHDRAWN

2D. SALEM STONE CORPORATION, #96-0236, requests a two-year extension of their permit to relocate 2,200 linear feet of Little Reed Island Creek adjacent to their quarry near High Rocks in Wythe County. Recommend approval with a new expiration date of January 5, 2006 and with all terms and conditions of the original permit to remain in effect. WITHDRAWN

2E. M. W. SCHWARZ, #03-2066, requests authorization to construct and backfill 1,163 linear feet of vinyl sheetpile replacement bulkheading, aligned a maximum of two (2) feet channelward of the deteriorating structure, at his property situated along Linkhorn Bay in Virginia Beach. Recommend approval with a royalty in the amount of $2,292.00 for the filling of 2,292 square feet of State-owned subaqueous bottom at a rate of $1.00 per square foot.  APPROVED


NEXT MEETING:  December 22,  2003

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